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Florida Trademark

1. Definition

A Florida trademark is a brand name, logo, slogan, or symbol registered with the Florida Division of Corporations that protects your business identity within the state.

Unlike federal trademarks, which protect brands nationwide, Florida trademarks are limited to Florida but are faster, less expensive, and often the first step for small businesses.

2. Florida Legal Context

Florida trademarks are governed by the Florida Trademark Act (Fla. Stat. Chapter 495).

Key rules:

  • Eligibility: Marks must be distinctive and used in commerce within Florida. Generic or deceptive terms are not eligible.
  • Application: Filed with the Division of Corporations (Sunbiz). Requires samples showing actual use of the mark.
  • Duration: Registration lasts 5 years and may be renewed.
  • Scope: Protects against confusingly similar uses within Florida.
  • Symbols: Owners may use ™ (trademark) or ℠ (service mark). The ® symbol is reserved for federal registration.

3. Real-World Application

Examples of Florida trademark use:

  • A Tampa bakery registers its brand name in Florida to stop a competitor in St. Petersburg from using a similar name.
  • A Miami salon protects its unique logo under state law.
  • An Orlando coffee shop registers a slogan with Sunbiz to reinforce its brand identity locally.

4. Why It Matters for Business Owners

State trademark registration offers important protections for Florida businesses.

Why it matters:

  • Local protection: Prevents competitors in Florida from using confusingly similar names or logos.
  • Business credibility: Shows customers your brand is legally recognized.
  • Affordability: Faster and less expensive than federal registration.
  • First step to expansion: State registration can be used as a foundation for later federal registration.

Common mistakes Florida businesses make:

  • Believing a Sunbiz business name registration protects brand rights (it doesn’t).
  • Forgetting to renew state trademarks every 5 years.
  • Choosing marks that are too generic or descriptive, making them unenforceable.
  • Assuming state registration prevents use by companies outside Florida.

5. Real-World Florida Examples

  • A Sarasota brewery registered its brand name in Florida, successfully blocking another local brewery from using a similar mark.
  • A Jacksonville cleaning service lost branding rights when it failed to renew its Florida trademark.
  • A Fort Lauderdale retailer used its Florida registration to expand and later file for federal trademark protection.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we help Florida businesses protect their brands locally and prepare for growth. Our services include:

  • Conducting trademark searches to avoid conflicts
  • Filing and maintaining Florida trademark applications with Sunbiz
  • Advising on brand strategy and expansion to federal protection
  • Enforcing Florida trademarks against infringers
  • Representing businesses in disputes over confusingly similar marks

We ensure your Florida brand is protected and enforceable from day one.

7. FAQs (Frequently Asked Questions)

Q: How long does a Florida trademark last?
A: Five years, renewable indefinitely if still in use.

Q: Does a Florida trademark protect me outside the state?
A: No. It only protects your mark in Florida. For nationwide protection, federal registration is required.

Q: Is registering with Sunbiz as an LLC the same as a trademark?
A: No. LLC or corporation filings only protect your company name in business records, not your branding rights.

Q: How much does a Florida trademark cost?
A: State filing fees are lower than federal filings, but costs vary depending on the number of classes.

Q: Why hire a lawyer for a Florida trademark?
A: A lawyer ensures your mark is distinctive, properly filed, and enforceable against competitors.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

  • Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
  • 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
  • 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
  • Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

  • On demand strategic legal consultations with Attorney Gil Sanchez
  • Document review and compliance audits
  • Guidance on contracts, leasing, employment, and liability
  • Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
  • Proactive legal support to mitigate lawsuits and reduce risk exposure
  • Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
  • Entrepreneur coaching and a growing library of business education resources
  • Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

  • Call or text us at (813) 254-1777
  • Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

  • Call or text: (813) 254-1777
  • Email: info@blackrocklaw.com
  • Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.